Key Point:
• Amusement parks owe patrons a high duty of care to keep rides safe, similar to a public transportation operator.
• Most amusement park injuries are caused by defective equipment, ride mechanical failure, or negligent operation by staff.
• A personal injury claim generally must be filed within two years under N.J.S.A. 2A:14-2, and shorter deadlines can apply if a public entity is involved.
The State of New Jersey has a number of renowned amusement parks. While amusement parks are popular family recreational facilities that attract millions of patrons each and every year, unfortunately, sometimes injuries occur while people are visiting. Some of the most popular amusement parks in New Jersey include the following:
- Clementon Amusement Park (Clementon, NJ)
- Wild West City (Stanhope, NJ)
- Eagleswood Amusement Park (Staffordville, NJ)
- Black Beard's Cave (Bayville, NJ)
- Playland's Castaway's Cove (Ocean City, NJ)
- Land of Make Believe (Hope, NJ)
- Gillian's Wonderland Pier (Ocean City, NJ)
- Bowcraft Amusement Park (Scotch Plains, NJ)
- Fantasy Island (Beach Haven, NJ)
- Morey's Pier (Wildwood, NJ)
- Keansburg Amusement Park (Keansburg, NJ)
- Steel Pier (Atlantic City, NJ)
- Storybook Land (Egg Harbor Township, NJ)
- Funtown Pier (Seaside Park, NJ)
- The Fun Plex (East Hanover, NJ)
- The Fun Plex (Mount Laurel, NJ)
- Funtime America (Cliffwood Beach, NJ)
- I Play America (Freehold, NJ)
- Jenkinson's (Point Pleasant Beach, NJ)
- Six Flags Great Adventure (Jackson, NJ)
Amusement parks owe a duty of care to the public to ensure that rides are safe, a duty similar to that of any public transportation operator such as a bus or subway. Amusement park accidents are often caused by defective equipment or negligent operation of the attraction. If you were hurt, the personal injury attorneys at Villani & DeLuca, P.C. can help.
Most Common Causes for Amusement Park Personal Injuries
Amusement park injuries are commonly caused by mechanical failure of a ride, such as a lap bar detaching or a structural component breaking; by a ride that is overly dangerous; or by the negligence of an employee operating the attraction. Injuries also occur on park-provided transportation such as a monorail, tram, chairlift, or gondola. Common injuries include harm to the head, neck, arms, face, and legs, often caused by improper restraints or by a rider falling in, off, or against a ride.
If you suffer an injury at an amusement park, it is important to document the scene immediately, because the dangerous condition will often be repaired or cleaned up soon after you leave. If possible, obtain the contact information of any witnesses.
Speak with a Personal Injury Attorney Before Issuing a Statement
While at the scene where your accident occurred, personnel from the amusement park will often ask you for a statement of what happened. It is recommended that you do not provide the representative of the amusement park with either a written or recorded statement. Be forewarned that any information you provide to them will be used by them to their benefit in the event of a filing of a lawsuit. Subsequent to the accident, you may receive correspondence from the insurance company on behalf of the amusement park asking for you to contact them. Once again, it is strongly recommended that you speak with an experienced amusement park personal injury lawyer prior to speaking to any representatives on behalf of the amusement park.
How We Handle Amusement Park Injury Cases
We work with safety experts and investigators to determine what caused your accident, whether a malfunctioning motor, a failed safety belt, poor maintenance, or improper supervision by a ride attendant, and we build a case that pursues the recovery you deserve.
Client Testimonial
"Great firm ...great attorneys..." – Chris H
"If you are looking for a lawyer to represent you, look no further, you just found him- Carmine Villani from the firm Villani and DeLuca. While on vacation in New Jersey, I got into trouble, and I had no one to refer me to a good lawyer. So, I had to take it upon myself to find one. I called several firms before I called Villani and DeLuca, and I didn't feel at ease with any of them. After I read Carmine's reviews, I called his office. Ruby Goldberg, his paralegal answered the phone and she was so nice. She reassured me that Carmine will do his very best to protect me and did. After I spoke to her, she put a call out to Carmine and within 10 minutes, he called me as he was driving in his car . After I hystericaly explained my situation to him, he told me to relax . He gave me feedback on my situation, I thought to myself, - this is the lawyer I want - he knows the law! Also, Ruby is always so friendly and she will always keep you updated . Carmine has your best interest and is there for you. Although I live in New York, I always felt like I was in good hands, because I knew he was going to do whatever it takes to protect me, and he did. As I wrote in the first sentence, No need to look for a lawyer, you just found him!" – Marylou Cilurzo
"Vince and his staff were very professional. Listened to the needs of the client. Great results." – Glen Vandeventer
Frequently Asked Questions
What should I do immediately after an amusement park accident?
Your priority is medical attention. Most parks have first-aid stations, but for a serious injury, seek an independent evaluation at an emergency room for a neutral medical record. Report the incident to park management before leaving, and document the scene and any witnesses. Preserving evidence early is critical because dangerous conditions are often repaired quickly.
Who is held liable for amusement park injuries?
Liability depends on the cause. The park owner may be responsible under premises liability if it failed to maintain the grounds or train staff. If the injury was caused by a mechanical failure or design flaw, the ride manufacturer may be liable under product liability. Maintenance records, inspection logs, and safety-sensor data are often key evidence.
Can I still sue if I signed a waiver or the ticket has a "disclaimer" on it?
Often yes. A waiver or ticket disclaimer does not give a park a license to be negligent. In New Jersey, a waiver generally cannot protect a business from gross negligence or reckless conduct, such as ignoring a safety warning or skipping a required inspection. An attorney can challenge a waiver by showing the park failed its basic duty of care.
How does New Jersey regulate the safety of carnival and theme park rides?
New Jersey's Department of Community Affairs (DCA) inspects amusement and carnival rides. If your injury occurred on a ride with a history of mechanical issues or that missed a required inspection, that can be powerful evidence in your case.
Can I be held at fault for my own injury?
New Jersey follows comparative negligence. If you contributed to your injury, for example by standing up while the ride was in motion or ignoring height requirements, your compensation may be reduced. As long as the park is more than 50% at fault, you can still recover, and an experienced attorney will work to show the park's failure was the primary cause.
Personal Injury Attorneys Serving the Jersey Shore
The personal injury lawyers at Villani & DeLuca, P.C. have years of experience in handling personal injury cases in New Jersey. In the unfortunate event that you get injured in an accident at a New Jersey amusement park, please call our NJ Amusement Park Injury Law Firm to arrange for your free consultation. The New Jersey lawyers at Villani & DeLuca, P.C. will work with safety experts and investigators to determine the cause of your accident which took place at an amusement park.
Through the joint efforts of our attorneys, experts, and investigators, we can bring to light possible errors, such as malfunctioning motors, failed safety belts, poor maintenance or improper supervision by the ride attendant, in order to ensure that your claim is pursued professionally. We will work hard to provide you with the best possible chance of receiving recovery that you deserve as a result of the injury that you sustained. Please call today to schedule your free consultation with an experienced NJ Amusement Park Injury Lawyer at Villani & DeLuca, P.C.
The Bottom Line
If you are injured at a New Jersey amusement park, call our firm to arrange a free consultation. We will work with safety experts and investigators to determine the cause of your accident and pursue your claim professionally, giving you the best possible chance of recovery.
About the Firm: Villani & DeLuca, P.C. represents personal injury victims throughout Ocean and Monmouth Counties, New Jersey.
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Trusted Resources
- New Jersey Department of Community Affairs (Ride Safety): https://www.nj.gov/dca/
- New Jersey Courts, Self-Help (Civil): https://www.njcourts.gov/self-help/civil
- New Jersey Legislature, N.J.S.A. 2A:14-2 (Personal Injury Statute of Limitations): https://www.njleg.state.nj.us/laws/2a/2a-14-2
- Villani & DeLuca, P.C., Legal Glossary: https://www.villanideluca.com/resources/legal-glossary